[WSBAPT] Insolvent decedent and IRS

[Martin]

The question is the probability of a lien on real property.  IF there is no or only a small probability then it matters not.  Just wait for the IRS to come up with a problem if they get around to it, of which the probability is very low if they are already doubts as to what this is all about.  

 

From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Margaret Delp
Sent: Tuesday, December 7, 2021 9:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Insolvent decedent and IRS

 

Does anyone see a downside to the daughter simply ignoring the IRS- not providing the will to them or anything else at this point? 





On Dec 7, 2021, at 7:51 AM, sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com>  wrote:



Can she sign for her mother’s estate without opening a probate?  I don’t think so. If she files a will only, there will be  no probate and no one authorized to sign on behalf of her mother’s estate.  I hesitate to say this but I don’t think she needs to or even should respond to the IRS at all.  She has no authority to deal with the IRS as I see it.

 

Other may disagree.

 

 

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Margaret Delp
Sent: Monday, December 6, 2021 4:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Insolvent decedent and IRS

 

Hello everyone:

Client was DPOA agent for her elderly mother. Elderly mother had no assets, literally not a single cent to her name. While mother was still living, the IRS asserted that she owed the IRS $29,000. Client advocated for her mother with the IRS and got confirmation on telephone that no money was owed, apparently there had been some error or identify theft or something of that nature. Elderly mother then passes away. Client sends IRS the death certificate. IRS responds that client needs to send the Will and then sign some forms. Client has no intention of filing a probate. She will file the Will in Superior Court as a “will only filing”. Does the client need to respond to the IRS at all?  What forms would the IRS be asking her to sign? Any downside for client in doing nothing? We are looking for the least effort, no cost path.

Thanks,
Margaret

 

--

Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

Physical location: 2815 Howard Rd., Langley, WA, Second Floor

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com <http://www.delp-law.com> 

 

 

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